Free Amended Complaint - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE HONEYWELL INTERNATIONAL INC. and HONEYWELL INTELLECTUAL PROPERTIES INC., Plaintiffs, v. APPLE COMPUTER, INC.; ALL AROUND CO., LTD., ARGUS A/K/A HARTFORD COMPUTER GROUP, INC.; ARIMA DISPLAY; AU OPTRONICS CORP.; AU OPTRONICS CORPORATION AMERICA; BOE TECHNOLOGY GROUP COMPANY LTD.; BEIJING BOE OPTOELECTRONICS TECHNOLOGY CO., LTD.; BOE-HYDIS TECHNOLOGY CO., LTD.; CASIO COMPUTER CO., LTD.; CASIO, INC.; CITIZEN SYSTEMS EUROPE; CITIZEN SYSTEMS AMERICA CORPORATION; CONCORD CAMERAS; DELL INC.; EASTMAN KODAK COMPANY; FUJI PHOTO FILM CO., LTD.; FUJI PHOTO FILM U.S.A., INC.; FUJITSU LIMITED; FUJITSU AMERICA, INC.; FUJITSU COMPUTER PRODUCTS OF AMERICA, INC.; HANNSTAR DISPLAY CORPORATION; HITACHI, LTD.; HITACHI DISPLAYS, LTD.; HITACHI DISPLAY DEVICES, LTD.; HITACHI ELECTRONIC DEVICES (USA), INC.; INNOLUX DISPLAY CORPORATION; INTERNATIONAL DISPLAY TECHNOLOGY; INTERNATIONAL DISPLAY TECHNOLOGY USA, INC.; KONINKLIJKE PHILIPS ELECTRONICS N.V.; PHILIPS CONSUMER ELECTRONICS NORTH AMERICA; PHILIPS ELECTRONICS NORTH AMERICA CORPORATION; KYOCERA WIRELESS CORP.; MATSUSHITA ELECTRICAL INDUSTRIAL CO.; MATSUSHITA ELECTRICAL CORPORATION OF AMERICA; NAVMAN NZ LIMITED; NAVMAN U.S.A. INC.; OLYMPUS CORPORATION; OLYMPUS AMERICA, INC.; PENTAX CORPORATION; PENTAX U.S.A., INC.; PICVUE ELECTRONICS LIMITED; QUANTA DISPLAY INC.; SAMSUNG SDI CO., LTD; SAMSUNG SDI AMERICA, INC.; SONY CORPORATION; SONY CORPORATION OF AMERICA; SONY ERICSSON MOBILE COMMUNICATIONS AB; SONY ERICSSON MOBILE COMMUNICATIONS (USA) INC.; ST LIQUID CRYSTAL DISPLAY CORP.; TOPPOLY OPTOELECTRONICS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1338-*** (Consolidated) JURY TRIAL DEMAND

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CORP.; TOSHIBA CORPORATION; TOSHIBA AMERICA, INC.; WINTEK CORP.; WINTEK ELECTROOPTICS CORPORATION; WISTRON CORPORATION; and M-DISPLAY OPTRONICS CORP., Defendants.

) ) ) ) ) )

SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL Pursuant to the Court's October 7, 2005 Memorandum Order (D.I. 237), Plaintiffs, for their Second Amended Complaint against Defendants, hereby allege as follows: Nature of the Action 1. This is an action for the willful infringement of a United States patent. The Parties 2. Plaintiff Honeywell International Inc. ("Honeywell International") is a

corporation organized and existing under the laws of Delaware with its principal place of business in Morristown, New Jersey. 3. Plaintiff Honeywell Intellectual Properties Inc. ("HIPI") is a corporation

organized and existing under the laws of Arizona with its principal place of business in Tempe, Arizona. (Honeywell International and HIPI will be referred to collectively as "Honeywell.") 4. Upon information and belief, Defendant Apple Computer, Inc. ("Apple") is a

California corporation with its principal place of business in Cupertino, California. 5. Upon information and belief, Defendant All Around Co., Ltd. ("All Around") is a

Taiwan corporation having its principal place of business in Taipei, Taiwan. 6. Upon information and belief, Defendant Argus, A/K/A Hartford Computer Group,

Inc. ("Argus") is an Illinois corporation with its principal place of business in Inverness, Illinois.

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7.

Upon information and belief, Defendant Arima Display ("Arima Display") is a

Taiwan corporation having its principal place of business in Kaohsiung, Taiwan. 8. Upon information and belief, Defendant AU Optronics Corp. ("AUO Taiwan") is

a Taiwan corporation having its principal place of business in Hsinchu, Taiwan. 9. Upon information and belief, Defendant AU Optronics Corporation America

("AUO America") is a California corporation having its principal place of business in Round Rock, Texas. (AUO Taiwan and AUO America will be referred to collectively as "AUO.") 10. Upon information and belief, Defendant BOE Technology Group Company Ltd.

("BOE Technology") is a China corporation having its principal place of business in Beijing, China. 11. Upon information and belief, Defendant Beijing BOE Optoelectronics

Technology Co., Ltd. ("BOE Optoelectronics") is a China corporation having its principal place of business in Beijing, China. 12. Upon information and belief, Defendant BOE-Hydis Technology Co., Ltd.

("BOE-Hydis") is a South Korea corporation having its principal place of business in Gyeonggido, South Korea. (BOE Technology, BOE Optoelectronics, and BOE-Hydis will be referred to collectively as "BOE.") 13. Upon information and belief, Defendant Casio Computer Co., Ltd. ("Casio

Computer") is a Japan corporation having its principal place of business in Tokyo, Japan. 14. Upon information and belief, Defendant Casio Inc. ("Casio U.S.") is a New York

corporation having its principal place of business in Dover, New Jersey. (Casio Computer and Casio U.S. will be referred to collectively as "Casio.")

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15.

Upon information and belief, Defendant Citizen Systems Europe is a United

Kingdom corporation having its principal place of business in Middlesex, United Kingdom. 16. Upon information and belief, Defendant Citizen Systems America Corporation

("Citizen Systems America") is a California corporation having its principal place of business in Torrance, California. (Citizen Systems Europe and Citizen Systems America will be referred to collectively as "Citizen Systems.") 17. Upon information and belief, Defendant Concord Cameras ("Concord") is a

Florida corporation having its principal place of business in Hollywood, Florida. 18. Upon information and belief, Defendant Dell Inc. ("Dell") is a Delaware

corporation having its principal place of business in Round Rock, Texas. 19. Upon information and belief, Defendant Eastman Kodak Company ("Kodak") is a

New Jersey corporation having its principal place of business in Rochester, New York. 20. Upon information and belief, Defendant Fuji Photo Film Co., Ltd. ("Fuji Photo

Japan") is a Japan corporation having its principal place of business in Tokyo, Japan. 21. Upon information and belief, Defendant Fujifilm Photonix Co., Ltd. ("Fujifilm

Photonix") is a Japan corporation having its principal place of business in Miyagi, Japan. Fujifilm Photonix is a subsidiary of Fuji that manufactures LCD modules. 22. Upon information and belief, Defendant Fuji Photo Film U.S.A., Inc. ("Fuji Photo

U.S.A.") is a New York corporation having its principal place of business in Valhalla, New York. (Fuji Photo Japan, Fujifilm Photonix, and Fuji Photo U.S.A. will be referred to collectively as "Fuji.") 23. Upon information and belief, Defendant Fujitsu Limited ("Fujitsu Japan") is a

Japan corporation having its principal place of business in Kanagawa, Japan.

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24.

Upon information and belief, Defendant Fujitsu America, Inc. ("Fujitsu

America") is a California corporation having its principal place of business in Sunnyvale, California. 25. Upon information and belief, Defendant Fujitsu Computer Products of America,

Inc. ("Fujitsu Computer") is a California corporation having its principal place of business in San Jose, California. (Fujitsu Japan, Fujitsu America, and Fujitsu Computer will be referred to collectively as "Fujitsu.") 26. Upon information and belief, Defendant HannStar Display Corporation

("HannStar") is a Taiwan corporation having its principal place of business in Taipei, Taiwan. 27. Upon information and belief, Defendant Hitachi, Ltd. ("Hitachi Japan") is a Japan

corporation having its principal place of business in Tokyo, Japan. 28. Upon information and belief, Defendant Hitachi Displays, Ltd. ("Hitachi

Displays") is a Japan corporation having its principal place of business in Tokyo, Japan. 29. Upon information and belief, Defendant Hitachi Display Devices, Ltd. ("Hitachi

Display Devices") is a Japan corporation having its principal place of business in Mobara-shi, Japan. 30. Upon information and belief, Defendant Hitachi Electronic Devices (USA), Inc.

("Hitachi Display US") is a Delaware corporation having its principal place of business in Greenville, South Carolina. (Hitachi Japan, Hitachi Displays, Hitachi Display Devices, and Hitachi Display US will be referred to collectively as "Hitachi.") 31. Upon information and belief, Defendant Innolux Display Corporation ("Innolux")

is a Taiwan corporation having its principal place of business in Chu-nan, Taiwan.

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32.

Upon information and belief, Defendant International Display Technology ("ID

Tech Japan") is a Japan corporation having its principal place of business in Siga-ken, Japan. 33. Upon information and belief, Defendant International Display Technology USA,

Inc. ("ID Tech USA") is a Delaware corporation having its principal place of business in San Jose, California. (ID Tech Japan and ID Tech USA will be referred to collectively as "ID Tech.") 34. Upon information and belief, Defendant Koninklijke Philips Electronics N.V.

("Philips Netherlands") is a Netherlands corporation having its principal place of business in Eindhoven, Netherlands. 35. Upon information and belief, Defendant Philips Consumer Electronics North

America ("Philips Consumer N.A.") is a Delaware corporation having its principal place of business in Atlanta, Georgia. 36. Upon information and belief, Defendant Philips Electronics North America

Corporation ("Philips N.A.") is a Delaware corporation having its principal place of business in New York, New York. (Philips Netherlands, Philiips Consumer N.A., and Philips N.A. will be referred to collectively as "Philips.") 37. Upon information and belief, Defendant Kyocera Wireless Corp. ("Kyocera

Wireless") is a California corporation having its principal place of business in San Diego, California. 38. Upon information and belief, Defendant Matsushita Electrical Industrial Co.

("Matsushita Japan") is a Japan corporation having its principal place of business in Osaka, Japan.

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39.

Upon information and belief, Defendant Matsushita Electrical Corporation of

America ("Matsushita America") is a Delaware corporation having its principal place of business in Secaucus, New Jersey. collectively as "Matsushita.") 40. Upon information and belief, Defendant Navman NZ Limited ("Navman New (Matsushita Japan and Matsushita America will be referred to

Zealand") is a New Zealand corporation having its principal place of business in Auckland, New Zealand. 41. Upon information and belief, Defendant Navman U.S.A., Inc. ("Navman U.S.") is

a Delaware corporation having its principal place of business in Acton, Massachusetts. (Navman New Zealand and Navman U.S. will be referred to collectively as "Navman.") 42. Upon information and belief, Defendant Olympus Corporation ("Olympus

Japan") is a Japan corporation having its principal place of business in Tokyo, Japan. 43. Upon information and belief, Defendant Olympus America, Inc. ("Olympus

America") is a New York corporation having its principal place of business in Melville, New York. (Olympus Japan and Olympus America will be referred to collectively as "Olympus.") 44. Upon information and belief, Defendant Pentax Corporation ("Pentax Japan") is a

Japan corporation having its principal place of business in Tokyo, Japan. 45. Upon information and belief, Defendant Pentax U.S.A., Inc. ("Pentax U.S.A.") is

a Delaware corporation having its principal place of business in Golden, Colorado. (Pentax Japan and Pentax U.S.A. will be referred to collectively as "Pentax.") 46. Upon information and belief, Defendant Picvue Electronics Limited. ("Picvue") is

a Taiwan corporation having its principal place of business in Hsinchu, Taiwan.

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47.

Upon information and belief, Tech-Well (Shanghai) Display Co. ("Tech-Well") is

a China corporation having its principal place of business in Shanghai, China. Tech-Well is a subsidiary of Quanta that manufactures LCD modules. 48. Upon information and belief, Defendant Quanta Display Inc. ("Quanta Display")

is a Taiwan corporation having its principal place of business in Taoyuan, Taiwan. (Techwell and Quanta Display will be referred to collectively as "Quanta Display.") 49. Upon information and belief, Defendant Samsung SDI Co., Ltd. ("SDI Korea") is

a South Korea corporation having its principal place of business in Seoul, South Korea. 50. Upon information and belief, Defendant Samsung SDI America, Inc. ("SDI

America") is a California corporation having its principal place of business in Rancho Dominguez, California. "Samsung SDI.") 51. Upon information and belief, Defendant Sony Corporation ("Sony Japan") is a (SDI Korea and SDI America will be referred to collectively as

Japan corporation having its principal place of business in Tokyo, Japan. 52. Upon information and belief, Defendant Sony Corporation of America ("Sony

America") is a New York corporation having its principal place of business in New York, New York. (Sony Japan and Sony America will be referred to collectively as "Sony.") 53. Upon information and belief, Defendant Sony Ericsson Mobile Communications

AB ("Sony Ericsson England") is an England corporation having its principal place of business in London, England. 54. Upon information and belief, Defendant Sony Ericsson Mobile Communications

(USA) Inc. ("Sony Ericsson USA") is a Delaware corporation having its principal place of

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business in Research Triangle Park, North Carolina. (Sony Ericsson England and Sony Ericsson USA will be referred to collectively as "Sony Ericsson.") 55. Upon information and belief, Defendant ST Liquid Crystal Display Corp. ("ST-

LCD") is a Japan corporation having its principal place of business in Aichi, Japan. 56. Upon information and belief, Toppoly Nanjing is a China corporation having its

principal place of business in Nanjing, China. Toppoly Nanjing is a subsidiary of Toppoly Optoelectronics Corp. that manufactures LCD modules. 57. Upon information and belief, Defendant Toppoly Optoelectronics Corp.

("Toppoly") is a Taiwan corporation having its principal place of business in Miao-Li County, Taiwan. (Toppoly Nanjing and Toppoly will be referred to collectively as "Toppoly.") 58. Upon information and belief, Defendant Toshiba Corporation ("Toshiba Japan")

is a Japan corporation having its principal place of business in Tokyo, Japan. 59. Upon information and belief, Defendant Toshiba America, Inc. ("Toshiba

America") is a Delaware corporation having its principal place of business in Irvine, California. (Toshiba Japan and Toshiba America will be referred to collectively as "Toshiba."). 60. Upon information and belief, United Win (China) Technology Ltd. ("United

Win") is a China corporation having its principal place of business in China. United Win is a subsidiary of Wintek Corp. that manufactures LCD modules. 61. Upon information and belief, Dongguan Masstop Liquid Crystal Display Co., Ltd.

("Dongguan") is a China corporation having its principal place of business in Dongguan, China. Dongguan is a subsidiary of Wintek Corp. that manufactures LCD modules. 62. Upon information and belief, Defendant Wintek Corp. ("Wintek Taiwan") is a

Taiwan corporation having its principal place of business in Taichung, Taiwan.

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63.

Upon information and belief, Defendant Wintek Electro-Optics Corporation

("Wintek US") is a Delaware corporation having its principal place of business in Ann Arbor, Michigan. (United Win, Dongguan, Wintek Taiwan and Wintek US will be referred to

collectively as "Wintek."). 64. Upon information and belief, Defendant Wistron Corporation ("Wistron") is a

Taiwan corporation having its principal place of business in Taipei, Taiwan. 65. Upon information and belief, M-Display Optronics Corp. d/b/a M-Display

Corporation ("M-Display"), is a Taiwan corporation having its principal place of business in Hsinchu, Taiwan. Also upon information and belief, M-Display is Wistron's affiliate and a manufacturer of its LCD modules. (Wistron and M-Display will be referred to collectively as "Wistron.") 66. Upon information and belief, Epson Europe Electronics GmbH ("Epson Europe")

is a German corporation having its principal place of business in Munchen, Germany. Epson Europe is a related entity of Seiko Epson Corporation (an intervenor in this action) that sells and/or distributes LCD modules. 67. Upon information and belief, Epson Hong Kong Ltd. ("Epson Hong Kong") is a

Hong Kong corporation having its principal place of business in Wanchai, Hong Kong. Epson Hong Kong is a related entity of Seiko Epson Corporation (an intervenor in this action) that sells and/or distributes LCD modules. (Epson Europe and Epson Hong Kong will be collectively referred to herein as "the Epson subsidiaries.") Jurisdiction and Venue 68. This Court has jurisdiction over the subject matter of this action pursuant to

28 U.S.C. § 1338(a).

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69.

Personal jurisdiction over defendants comports with the United States

Constitution and § 3104 of title 10 of the Delaware Code because defendants have committed and continue to commit, have contributed to and continue to contribute to, and have induced and continue to induce, acts of patent infringement in this district as alleged in this First Amended Complaint. 70. and 1400(b). Background to the Action 71. In the 1980s, years before LCD screen-containing products such as cellular Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c)

phones, digital cameras, PDAs, and portable DVD players became ubiquitous in the consumer electronics market, the aviation and aerospace industry became interested in replacing traditional cockpit displays with LCD displays. Honeywell invested heavily in developing the technology necessary to provide LCD displays that would meet this need. 72. Among Honeywell's LCD display inventions was technology that enables a

display to produce a brighter image (making the screen easier to see) without requiring additional power while helping to reduce the appearance of an undesirable interference pattern called the "Moire effect" on the screen. Honeywell protected this invention by obtaining United States Patent No. 5,280,371, (the "`371 Patent"), which was duly and legally issued by the United States Patent and Trademark Office on January 18, 1994. A copy of the `371 Patent is attached hereto as Exhibit 1. 73. Honeywell possesses the right to sue infringers of the `371 Patent.

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Acts Giving Rise to the Action 74. Apple has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of products that include a liquid crystal display (LCD) in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 75. All Around has been and is engaged in the manufacture, importation, offer for

sale, and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 76. Argus has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of products that include a liquid crystal display (LCD) in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 77. Arima Display has been and is engaged in the manufacture, importation, offer for

sale, and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing

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products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 78. AUO has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 79. BOE has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 80. Casio has been and is engaged in the use, manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules and/or products that include an LCD module in the United States with the knowledge and intention that such LCD modules and/or products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: LCD modules, laptop computers, cellular phones, PDAs, digital

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still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 81. Citizen Systems has been and is engaged in the manufacture, importation, offer

for sale, and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screencontaining products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 82. Concord has been and is engaged in the manufacture, importation, offer for sale,

and/or sale products that include a liquid crystal display (LCD) in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 83. Dell has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of products that include a liquid crystal display (LCD) in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 84. Kodak has been and is engaged in the manufacture, importation, offer for sale,

and/or sale products that include a liquid crystal display (LCD) in the United States with the

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knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 85. Fuji has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules and/or products that include an LCD module in the United States with the knowledge and intention that such LCD modules and/or products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 86. Fujitsu has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of products that include a liquid crystal display (LCD) in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 87. HannStar has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital

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still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 88. Hitachi has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 89. Innolux has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 90. ID Tech has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids.

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91.

Philips has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 92. Kyocera Wireless has been and is engaged in the manufacture, importation, offer

for sale, and/or sale of products that include a liquid crystal display (LCD) in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 93. Matsushita has been and is engaged in the use, manufacture, importation, offer for

sale, and/or sale of liquid crystal display (LCD) modules and/or products that include an LCD module in the United States with the knowledge and intention that such LCD modules and/or module products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: LCD modules, laptop computers, cellular phones, PDAs, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 94. Navman has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of products that include a liquid crystal display (LCD) in the United States with the

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knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 95. Olympus has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of products that include a liquid crystal display (LCD) in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 96. Pentax has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of products that include a liquid crystal display (LCD) in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 97. Picvue has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids.

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98.

Quanta Display has been and is engaged in the manufacture, importation, offer for

sale, and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 99. Samsung SDI has been and is engaged in the manufacture, importation, offer for

sale, and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 100. Sony has been and is engaged in the use, manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules and/or products that include an LCD module in the United States with the knowledge and intention that such LCD modules and/or products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: LCD modules, laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 101. Sony Ericsson has been and is engaged in the manufacture, importation, offer for

sale, and/or sale of products that include a liquid crystal display (LCD) in the United States with

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the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 102. ST-LCD has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 103. Toppoly has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 104. Toshiba has been and is engaged in the use, manufacture, importation, offer for

sale, and/or sale of liquid crystal display (LCD) modules and/or products that include an LCD module in the United States with the knowledge and intention that such LCD modules and/or products would be sold throughout the United States, including this judicial district. Such

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products include at least one of the following: LCD modules, laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 105. Wintek has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 106. Wistron has been and is engaged in the manufacture, importation, offer for sale,

and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers, cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 107. The Epson subsidiaries have been and are engaged in the manufacture,

importation, offer for sale, and/or sale of liquid crystal display (LCD) modules that are incorporated into products that are sold in the United States with the knowledge and intention that such LCD screen-containing products would be sold throughout the United States, including this judicial district. Such products include at least one of the following: laptop computers,

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cellular phones, PDAs, digital still cameras, video cameras, portable DVD players, portable televisions, portable entertainment systems, and/or portable navigation aids. 108. At least some of the LCD modules and/or LCD screen-containing products

manufactured, imported, offered for sale, and/or sold by Apple, All Around, Argus, Arima Display, AUO, BOE, Casio, Citizen Systems, Concord, Dell, Kodak, Fuji, Fujitsu, HannStar, Hitachi, Innolux, ID Tech, Philips, Kyocera Wireless, Matsushita, Navman, Olympus, Pentax, Picvue, Quanta Display, Samsung SDI, Sony, Sony Ericsson, ST-LCD, Toppoly, Toshiba, Wintek, Wistron, and the Epson subsidiaries infringe the `371 patent literally and/or under the doctrine of equivalents, making Apple, All Around, Argus, Arima Display, AUO, BOE, Casio, Citizen Systems, Concord, Dell, Kodak, Fuji, Fujitsu, HannStar, Hitachi, Innolux, ID Tech, Philips, Kyocera Wireless, Matsushita, Navman, Olympus, Pentax, Picvue, Quanta Display, Samsung SDI, Sony, Sony Ericsson, ST-LCD, Toppoly, Toshiba, Wintek, Wistron, and the Epson Subsidiaries liable for direct and/or indirect infringement under 35 U.S.C. § 271. 109. The manufacture, importation, offer for sale, or sale of these infringing products,

and/or the continued such manufacture, importation, offer for sale, or sale of them in the future by Apple, All Around, Argus, Arima Display, AUO, BOE, Casio, Citizen Systems, Concord, Dell, Kodak, Fuji, Fujitsu, HannStar, Hitachi, Innolux, ID Tech, Philips, Kyocera Wireless, Matsushita, Navman, Olympus, Pentax, Picvue, Quanta Display, Samsung SDI, Sony, Sony Ericsson, ST-LCD, Toppoly, Toshiba, Wintek, Wistron, and the Epson subsidiaries is and/or will be willful, warranting a finding that this is an exceptional case pursuant to 35 U.S.C. § 285, entitling Honeywell to treble damages, and an award of attorneys' fees.

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Prayer For Relief WHEREFORE, Plaintiffs pray for entry of a judgment against Defendants as follows: a. b. That Defendants have infringed the `371 patent; That Defendants, and their respective agents, servants, officers, directors,

employees and all persons acting in concert with them, directly or indirectly, be preliminarily and permanently enjoined from infringing, inducing others to infringe, or contributing to the infringement of the `371 patent; c. That Defendants account for and pay to Plaintiffs damages adequate to

compensate them for Defendants' infringement, including an accounting, in an amount to be proven at trial, together with interest and costs as fixed by the Court; d. damages; e. Declaring that this case is exceptional and awarding Plaintiffs their costs and Finding that Defendants' infringement has been willful and trebling the award of

attorneys' fees in accordance with 35 U.S.C. § 285; and f. That Plaintiffs be awarded such other and further relief as the Court may deem

just and equitable.

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Jury Demand Plaintiffs hereby demand a trial by jury on all issues triable by a jury. MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Thomas C. Grimm
___________________________________ Thomas C. Grimm (#1098) Benjamin J. Schladweiler (#4601) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] [email protected] Attorneys for Plaintiffs

OF COUNSEL: Martin R. Lueck ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402-2015 (612) 349-8500 October 24, 2007
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CERTIFICATE OF SERVICE I hereby certify that on October 24, 2007, I electronically filed the foregoing document with the Clerk of Court using CM/ECF, which will send notification of such filing to all registered participants. I also certify that on October 24, 2007, I caused to be served true and correct copies of the foregoing on the following as indicated below: BY HAND & E-MAIL: John W. Shaw Monte T. Squire YOUNG CONAWAY STARGATT & TAYLOR LLP 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 [email protected] Attorneys for Sony Corporation Philip A. Rovner POTTER ANDERSON & CORROON LLP Hercules Plaza, 6th Floor 1313 N. Market Street P.O. Box 951 Wilmington, DE 19899 [email protected] Attorneys for FUJIFILM Corporation and FUJIFILM U.S.A., Inc. David J. Margules John M. Seaman BOUCHARD MARGULES & FRIEDLANDER, P.A. 222 Delaware Ave., Suite 1400 Wilmington DE 19801 [email protected] Attorneys for Citizen Watch Co., Ltd. and Citizen Displays Co., Ltd. Karen L. Pascale YOUNG CONAWAY STARGATT & TAYLOR, LLP The Brandywine Building, 17th floor 1000 West Street Wilmington, DE 19801 [email protected] Attorneys for Optrex America, Inc.

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Matt Neiderman DUANE MORRIS LLP 1100 North Market Street, 12th Floor Wilmington, DE 19801-1246 [email protected] Attorneys for InnoLux Display Corporation

Richard L. Horwitz David E. Moore POTTER ANDERSON & CORROON LLP Hercules Plaza, 6th Floor 1313 N. Market Street P.O. Box 951 Wilmington, DE 19899 [email protected] Attorneys for Samsung SDI America, Inc. and Samsung SDI Co., Ltd.

BY E-MAIL: Andrew M. Ollis OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, P.C. 1940 Duke Street Alexandria, VA 22314 [email protected] Attorneys for Optrex America, Inc. Stephen S. Korniczky Elizabeth L. Brann PAUL, HASTINGS, JANOFSKY & WALKER LLP 3579 Valley Centre Drive San Diego, CA 92130 [email protected] [email protected] Hamilton Loeb PAUL, HASTINGS, JANOFSKY & WALKER LLP 875 15th Street, N.W. Washington, DC 20005 [email protected] Attorneys for Samsung SDI Co., Ltd. and Samsung SDI America, Inc.

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John Flock KENYON & KENYON One Broadway New York, NY 10004-1050 [email protected] Attorneys for Sony Corporation

Stuart Lubitz HOGAN & HARTSON LLP 1999 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067 [email protected] Attorneys for Citizen Watch Co., Ltd. and Citizen Displays Co., Ltd. Donald R. McPhail DUANE MORRIS LLP 1667 K Street, N.W., Suite 700 Washington, DC 20006 [email protected] Attorneys for InnoLux Display Corporation

Lawrence Rosenthal Matthew W. Siegal STROOCK & STROOCK & LAVAN LLP 180 Maiden Lane New York, NY 10038-4982 [email protected] [email protected] Attorneys for FUJIFILM Corporation and FUJIFILM U.S.A., Inc. BY FEDERAL EXPRESS Mr. Seong Yoon Jeong Assistant Manager Technology Planning Group BOE HYDIS TECHNOLOGY CO., LTD. San 136-1, Ami-ri, Bubal-eub Ichon-si, Gyeonggi-do 467-701 Republic of Korea

/s/ Thomas C. Grimm
___________________________________ Thomas C. Grimm (#1098) [email protected]
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